Code of Criminal Procedure, 1898 PAKISTAN , SECTION 529 TO 565

Code of Criminal Procedure, 1898 PAKISTAN , 

SECTION 529 TO 565

CHAPTER XLV - OF IRREGULAR PROCEEDINGS

529. Irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any

of the following things, namely:-

(a) to issue a search-warrant under section 98;

(b) to order, under section 155, the police to investigate an offence:

(c) to hold an inquest under section 176:

(d) to issue process under section 186, for the apprehension of a person within the local limits of his

jurisdiction who has committed an offence outside such limits;

(e) to take cognizance of an offence under section 190, sub-section (1), clause (a) or clause (b);

(f) to transfer a case under section 192;

(g) to tender a pardon under section 337 or section 338;

(h) to sell property under section 524 or section 525; or

(i) to withdraw a case and try it himself under section 528; erroneously in good faith does that thing, his

proceedings shall not be set aside merely on the ground of his not being so empowered.

530. Irregularities which vitiate proceedings. If any Magistrate, not being empowered by law in this

behalf, does any of the following things, namely:-

(a) attaches and sells property under section 88;

(b) issues a search-warrant for a letter, parcel or other thing in the Post Office, or a telegram in the

Telegraph Department.

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour:

(f) cancels a bond to keep the peace;

(g) makes an order under section 133, as to a local nuisance;

(h) prohibits under section 143, the repetition or continuance of a public nuisance;

(i) issue an order under section 144;

(j) makes an order under Chapter XXII;

(k) takes cognizance under section 190, sub-section (1) clause (c), of an offence;

(I) passes a sentence, under section 349, on proceeding recorded by another Magistrate:

(m) calls under section 435, for proceedings.

(n) [ x x x x x ]

(o) revises, under section 515, an order passed under section 514:

(p) tries an offender;

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(q) tries an offender summarily; or

(r) decides an appeal; his proceedings shall be void:

531. Proceedings in wrong place. No finding sentence or order of any criminal Court shall be set aside

merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or

passed, took place in a wrong sessions divisions, district, sub-division or other local area, unless it appears

that such error has in fact occasioned a failure of justice.

532. [Omitted be Law Reforms Ordinance, 1972, item 174 w.e.f 26.12.1975].

533. Non-compliance with provisions of section 164 or 364. (1) If any Court, before which a confession

or other statement of an accused person recorded or purporting to be recorded under section 164 or section

364 is tendered or has been received in evidence, finds that any of the provisions of either of such sections

have not been complied with by the Magistrate recording the statement, it shall take evidence that such

person duly made the statement recorded; and notwithstanding anything contained in the Evidence Act,

1872, section 91, such statement shall be admitted if the error has not injured the accused as to his defence

on the merits.

(2) The provisions of this section apply to Courts of Appeal, Reference and Revision.

534. [Omission to give information under section 447] Omitted by the Criminal Law (Extinction of

Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.

535. Effect of omission to prepare charge. (1) No finding or sentence pronounced or passed shall be

deemed invalid merely on the ground that no charge was framed unless, in the opinion of the Court of

appeal or revision, a failure of justice has in fact been occasioned thereby.

(2) If the court of appeal or revision thinks that a failure of justice has been occasioned by an omission to

frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point

immediately after the framing of the charge.

536. [Omitted by Law Reforms Ordinance, 1972, item 174 w.e.f 26.12.1975].

[537. Finding or sentence when reversible by reason of error or omission in charge or other

proceedings. Subject to the provisions hereinbefore contained, no finding, sentence order passed by a

court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision

on account'

(a) of any error, omission or irregularity in the complaint, report by police-officer under section 173,

summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in

any inquiry or other proceedings under this Code, or

(b) of any error, omission or irregularity in the mode of trial, including any misjoinder of charges unless

such error omission or irregularity has in fact occasioned a failure of justice.

Explanation. In determining whether any error, omission or irregularity in any proceeding under this Code

has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and

should have been raised at an earlier stage in the proceedings.]

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538. Attachment not illegal, person making same not trespasser for defect or want of form in

proceedings. No attachment made under this Code shall be deemed unlawful, nor shall any person making

the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction,

writ of attachment or other proceedings relating thereto.

CHAPTER XLVI - MISCELLANEOUS

539. Courts and persons before whom affidavits may be sworn. Affidavits and affirmations to be used

before any High court or any officer of such Court may be sworn and affirmed before such Court [....] or

any Commissioner or other person appointed by such court for that purpose, or any Judge, or any

Commissioner for taking affidavits in any Court of Record in Pakistan.

539-A. Affidavits in proof of conduct of public servant. (1) When any application is made to any Court

in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein

respecting any public servant, the applicant may give evidence of the facts alleged in the applications by

affidavit, and Court may, if it thinks fit, order that evidence relating to such facts be so given.

An affidavit to be used before any Court other than a High court under this section may be sworn or

affirmed in the manner prescribed in section 539, or before any Magistrate.

Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is

able to prove from his own knowledge and such as he has reasonable grounds to believe to be true, and in

the latter case, the deponent shall clearly state the grounds of such belief.

(2) The Court may order any scandalous and irrelevant matter in a affidavit to be struck out or amended.

539-B. Local inspection. (1) Any Judge or Magistrate may at any stage of any inquiry, trial or other

proceeding, after due notice to the parties visit and inspect any place in which an offence is alleged to have

been committed, or any other place which it is in his opinion necessary to view for the purpose of property

appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a

memorandum of any relevant facts observed at such inspection.

(2) Such memorandum shall form part of the record of the case. If the Public Prosecutor complainant or

accused so desires , a copy of the memorandum shall be furnished to him free of cost.

540. Power to summon material witness or examine persons present. Any Court may, at any stage of

any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any

person in attendance, though not summoned as a witness, or recall and re-examine any person already

examined; and the Court shall summon and examine or recall and re-examine any such person if his

evidence appears to it essential to the just decision of the case.

540-A. Provision for inquiries an trial being held in the absence of accused in certain cases. (1) At any

stage of an inquiry or trial under this Code, where two or more accused are before the court, if the Judge or

Magistrate is satisfied for reason to be recorded, that any one or more of such accused is or incapable of

remaining before the Court, he may, if such accused is represented by a pleader, dispense with his

attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the

proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers

his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him either

adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

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541. Power to appoint place of imprisonment. (1) Unless when other-wise provided by any law for the

time being in force, the Provincial Government may direct in what place any person liable to be

imprisoned or committed to custody under this Code shall be confined.

(2) Removal to criminal pi! of accused or convicted person who are in confinement in civil jail, and their

return to the civil jail. If any person liable to be imprisoned or committed to custody under this Code is in

confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that

the person be removed to a criminal jail.

(3) When a person is removed to a criminal jai! under sub-section (2) he shall, on being released therefrom,

be sent back to the civil jail, unless either:

(a) three years have elapsed since he was removed to the criminal jail in which case he shall be deemed to

have been discharged from the civil jail under (section 58 of the Code of Civil Procedure 1908]; or

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the

criminal jail that he is entitled to be discharged under [section 58 of the Code of Civil Procedure 1908].

542. [Power of Presidency Magistrate to order prisoner in jail to be brought up for examination]:

Rep, by (he Federal Laws (Revision and Declaration Act. 1951), S. 3 and II Schedule.

543. Interpreter to be bound to Interpret truthfully. When the services of an Interpreter are required by

any Criminal Court for She interpretation of any evidence or statement, he shall be bound to state the true

interpretation of such evidence or statement.

544. Expenses of complainants and witness. Subject to any rules made by the Provincial Government

any criminal! Court may, if it thinks fit, order payment, on the part of Government, of the reasonable

expenses of any complainant or witness attending for the purposes of any inquiry, trial, or other proceeding

before such Court under this Code.

[544-A. Compensation to the heirs of the person killed, etc. [(1) Whenever a person is convicted of an

offence in the commission whereof the death of or hurt, injury, or mental anguish or psychological damage

to, any person is caused or damage to or loss or destruction of any property is caused, the court shall when

convicting such person, unless for reasons to be recorded in writing it otherwise directs, order the person

convicted to pay to the heirs of the person whose death has been caused, or to the person hurt or injured, or

to the person to whom mental anguish or psychological damage has been caused, or to the owner of the

property damaged, lost or destroyed, as the case may be, such compensation as the court may determine

having regard to the circumstances of the case';] and

(2) The compensation payable under sub-section (1) shall be recoverable as [an arrear of land revenue] and

the court may further order that, in default of payment or of recovery as aforesaid the person ordered to pay

such compensation shall suffer imprisonment for a period not exceeding six months, or if it be a Court of

the Magistrate of the third class, for a period not exceeding thirty days.

(3) The compensation payable under sub-section (1) shall be in addition to any sentence which she court

may impose for the offence of which the person directed to pay compensation has been convicted.

(4) The provisions of sub-sections (28), (2C), (3), and (4) of section 250, shall, as far as may be, apply to

payment of compensation under this section.

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(5) An order under this section may also be made by an appellate Court or by a Court when exercising its

powers of revision.

545. Power of Court to pay expenses, compensation out of fine. (1) Whenever under any law in force

for the time being a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence

of fine, or a sentence of which fine forms a part, the court may, when passing judgment, order the whole or

any part of the fine recovered to be applied:

(a) in-defraying expenses properly incurred in the prosecution;

(b) in the payment of any person of compensation for any loss, [injury or mental anguish or psychological

damage] caused by the offence, when substantial compensation is, in the opinion of the court, recoverable

by such person in a Civil Court;

(c) when any person is convicted of any offence which includes theft, criminal misappropriation, breach of

trust, or cheating or of having dishonestly received or retained or of having voluntarily assisted in

disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating

any bona fide purchaser, of such property for the loss of the same if such property is restored to the

possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the

period allowed for presenting the appeal has elapsed or, if an appeal be presented, before the decision of

the appeal.

546. Payments to be taken into account in subsequent suit. At the time of awarding compensation in

any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or

recovered as compensation under section [544-A or section] 545.

546-A. Order of payment of certain fees paid by complainant in non-cognizable cases.

(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the

accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant:

(a) the fee (if any) paid on the petition of complaint or the examination of the complainant, and

(b) any fees paid by the complainant for serving processes on his witnesses or on the accused, and may

further order that, in default of payment, the accused shall suffer simple imprisonment for a period not

exceeding thirty days.

(2) An order under this section may also be made by an Appellate Court, or by the High Court, when

exercising its powers of revision.

547. Money ordered to be paid recoverable as fines. Any money (other than a fine) payable by virtue of

any order made under this Code, and the method of recovery of which is not otherwise expressly provided

for shall be recoverable as if it were a fine.

548. Copies of proceeding. If any person affected by a judgment or order passed by a Criminal Court

desires to have a copy of ..... any order or deposition or other part of the record he shall, on applying for

such copy, be furnished therewith:

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Provided that he pays for the same unless the Court, for some special reason, thinks fit to furnish it free of

cost.

549. Delivery to military authorities of persons liable to be tried by Court martial. (1)The Central

Government may make rules consistent with this Code and the [Pakistan Army Act, 1952 (XXXIX of

1952), the Pakistan Air Force Act, 1953 (VI of 1953, and the Pakistan Navy Ordinance, 1961 (XXXV of

1961] and any similar law for the time being in force as to the cases in which person subject to military

naval or air force law shall be tried by a Court to which this Code applies, or by Court-martial, and when

any person is brought before a Magistrate and charged with an offence for which he is liable to be tried

either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to

such rules and shall in proper cases deliver him together with a statement of the offence of which he is

accused to the commanding officer of the regiment, corps, ship or detachment to which he belongs, or to

the commanding officer of the nearest military, naval or air force station, as the case may be, for the

purpose of being tried by Court-martial.

(2) Apprehension of such persons. Every Magistrate shall, on receiving a written application for that

purpose by the commanding officer of any body of soldiers, sailors or airmen stationed or employed at any

such place, use his utmost endeavour to apprehend and secure any person accused of such offence.

(3) Notwithstanding anything contained in this Code, if the person arrested by the Police is a person

subject to the Pakistan Army Act, 1952 (XXXIX of 1952) and the offence for which he is accused is triable

by a Court-martial, the custody of such person and the investigation of the offence of which he is accused

may be taken over by the Commending Officer of such person under the said Act.]

550. Powers to Police to seize property suspected to be stolen. Any police-officer may seize any

property which may be alleged or suspected to have been stolen, or which may be found under

circumstances which create suspicion of the commission of any offence. Such police-officer, if subordinate

to the officer in charge of a police-station, shall forthwith report the seizure to that officer.

551. Powers of superior officers of police. Police officers superior in rank to an officer in charge of a

police-station may exercise the same powers, throughout the local area to which they are appointed, as may

be exercised by such officer within the limits of his station.

552. Power to compel restoration of abducted females. Upon complaint made to a District Magistrate on

oath of the abduction or unlawful detention of a woman, or of a female child under the age of sixteen years,

for any unlawful purpose, he may make an order for the immediate restoration of such woman to her

liberty or of such female child to her husband, parent, guardian or other person having the lawful charge of

such child, and may compel compliance with such order, using such force as may be necessary.

553. [Compensation to persons groundlessly given in charge in presidency-town]. Rep. by the Federal

Laws (Revision and Declaration Act, 1954 (XXVI of 1951) S. and II Schedule.

554. Power of (x x) High courts to make rules for Inspection of records of subordinate courts. (1)

With the previous sanction of the Provincial Government, any High Court may from time to time, make

rules for the inspection of the records of subordinate Courts.

(2) Power of other High Courts to make rules for other purposes. Every High Court may, from time to

time, and with the previous sanction of Provincial Government:

(a) make rules for keeping all books, entries and accounts to be kept in all Criminal Courts subordinate to it

and for the preparation and transmission of any returns or statements to be prepared and submitted by such

Courts:

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(b) frame forms for every proceeding in the said Courts for which it thinks that a form should be provided:

(c) make rules for regulating its own practice and proceedings and the practice and proceedings of all

Criminal Courts subordinate to it; and

(d) make rules for regulating the execution of warrants issued under this Code for the levy of fines:

Provided that the rules and forms made and framed under this section shall not be inconsistent with this

Code or any other law in force for the time being.

(3) All rules made under this section shall be published in the official Gazette.

555. Forms. Subject to the power conferred by section 554 and by [Articles 202 and 203] of the

Constitution, the forms set forth in the Fifth Schedule, with such variation as the circumstances of each

require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

556. Case in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except

with the permission of the Court to which an appeal lies from his Court, try ..... any case to or in which he

is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from an judgment or

order passed or made by himself.

Explanation. A Judge or Magistrate shall not be deemed a party, or personally interested, within the

meaning of this section, to or in any case by reason only that he is a Municipal Commissioner or otherwise

concerned therein in a public capacity or by reason only that he has viewed the place in which an offence is

alleged to have been committed, or any other place in which any other transaction material to the case is

alleged to have occurred, and made an inquiry in connection with the case.

Illustration

A., as Collector, upon consideration of information furnished to him, directs the prosecution of B for a

breach of the Excise Laws A is disqualified for trying this case as a Magistrate.

557. Practicing pleader not to sit as Magistrate in certain Courts. No pleader who practises in the

Court of any Magistrate in a district, shall sit as a Magistrate in such Court or in any Court within the

jurisdiction of such Court,

558. Power to decide language of Courts. The Provincial Government may determine what for the

purposes of this Code, shall be deemed to be the language of each Court within the territories administered

by such Government, other than the High Courts.

559. Provision for powers of Judges and Magistrate being exercised by their successors in office. (1)

Subject to the other provisions o( the Code, the powers and duties of a Judge or Magistrate may be

exercised or performed by his successor in office.

(2) When there is any doubt as to who is the successor in office of any Magistrate, [the Sessions Judge in

the case of Judicial Magistrate, and the District Magistrate in the case of Executive Magistrate] shall

determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings

or order thereunder, be deemed to be the successor in office of such Magistrate.

(3) When there is any doubt as to who is the successor in office of any Additional or Assistant Sessions

Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this

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Code or of any proceedings or order thereunder, be deemed to be the successor in office of such Additional

or Assistant Sessions Judge.

560. Officers concerned in sales not to purchase or bid for property. A public servant having any duty

to perform in connection with the sale of any property under this Code shall not purchase or bid for the

property.

561. [xxxxxxx]

561-A. Saving of inherent power of High Court. Nothing in this Code shall be deemed to limit or affect

the inherent power of the High Court to make such orders as may be necessary to give effect to any order

under this Code; or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

First Offenders

562. Powers of Court to release certain convicted offenders on probation of god conduct instead of

sentencing to punishment. When any person not under twenty one years of age is convicted of an offence

punishable with imprisonment for not more than seven years, or when any person under twenty one years

of age or any woman is convicted of an offence not punishable with death or [imprisonment] for life, and

no previous conviction is proved against the offender, if it appears to the Court before which he is

convicted, regard being had to the age, character or antecedents of the offender and to the circumstances in

which the offence was committed, that it is expedient that the offender should be released on probation of

good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be

released on his entering into a bond, with or without sureties, to appear and receive sentence when called

upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep

the peace and be good behaviour:

Provided that, where any first offender is convicted by a Magistrate of the third class, or a Magistrate of the

second class not specially empowered by the Provincial Government in this behalf and the Magistrate is of

opinion that the powers conferred by this section should be exercised he shall record his opinion to that

effect, and submit the proceedings to a Magistrate of the first class [ x x x] forwarding the accused to, or

taking bail for his appearance before, such Magistrate, who shall dispose of the case in manner provided by

section 380.

(1A) Conviction and release with admonition. In any case in which a person is convicted of theft, theft in a

building, dishonest misappropriation, cheating or any offence under the Pakistan Penal Code punishable

with not more than two years imprisonment and no previous conviction is proved against him, the Court

before whom he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or

physical or mental condition of the offender and to the trivial nature of the offence or any extenuating

circumstances under which offence was committed, instead of sentencing him to any punishment, release

him after due admonition.

(2) An order under this section may be made by any Appellate Court or by the High Court where

exercising its power of revision.

(3) When an order has been made under this section in respect of any offender, the Court may, on appeal

when there is a right of appeal to such Court, or when exercising its power of revision, set aside such order

and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court shall not under this sub-section inflict a greater punishment than might have

been inflicted by the Court which the offender was convicted.

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(4) The provisions of sections 122, 126-A and 406A shall, so far as may be, apply in the case of sureties

offered in pursuance of the provisions of this section.

563. Provision in case of offender failing to observe conditions of his recognizance. (1) If the Court

which convicted the offender, or a Court which could have dealt with the offender in respect of his original

offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance it, may

issue a warrant for his apprehension.

(2) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court

Issuing the warrant, and such Court may either remand him in custody until the case is heard or admit to

bail with a sufficient surety conditions on his appearing for sentences. Such Court may, after hearing the

case, pass sentence.

564. Conditions as to abode of offender. (1) The Court before directing the release of an offender under

section 562, sub section (1), shall be satisfied that the offender or his surety (if any) has a fixed place of

abode or regular occupation in the place for which the Court acts or in which the offender is likely to live

during the period named for the observance of the conditions.

(2) Nothing in this section or in sections 562 and 563 shall effect the provisions of section 31 of the

Reformatory School Act, 1897. Previously convicted offender

565. Order for notifying address of previously convicted offender. (1) When any person having been

convicted:

(a) by a Court in Pakistan of an offence punishable under section 215, section 489A, section 489B, section

489C, or section 489D of the Pakistan Penal Code, or of any offence punishable under Chapter XII or

Chapter XVII of the Code, with imprisonment of either description for a term of three years or upward; or

(b) X X X X is again convicted of any offence punishable under any of those sections or Chapters with

imprisonment for a term of three years or upwards by a High Court, Court of Sessions, [District

Magistrate, Sub-Divisional Magistrate] or Magistrate of the first class, such Court or Magistrate may, if it

or he thinks fit, at the time of passing sentence of [....] imprisonment on such person, also order that his

residence and any change of or change of or absence from such residence after release be notified as

hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.

(2) If such conviction is set aside on appeal or otherwise, such order shall become void.

(3) The Provincial Government may make rules to carry out the provisions of this section relating to the

notification of residence or change of or absence from residence by released convicts.

(4) Any person charged with a breach of any such rule may be tried by a Magistrate of competent

jurisdiction in the district in which the place last notified by him as his place of residence is situated.

SCHEDULE 1

[Enactments repealed]. Rep. by the Repealing and Amending Act, 1914 (X of 1914), S. 3 and Sch. II.